Asylum Seekers Claim They Were Unlawfully Detained Under Home Office Policy

• Published date: 27 October 2020
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Leigh Day
• Author: Leigh Day

The claimants were all arrested and detained by the UK Border Force under Home Office guidance and the Dublin III regulation which states that refugees must claim asylum in the first European country in which they arrive after fleeing their own country.

The regulation does permit the detention of asylum seekers before they are returned to the country where they first arrived in Europe - but only where there is a significant risk of them absconding, and the detention must be proportionate, for as short a time as possible and only where "less coercive means" were unavailable.

The claimants represented by Leigh Day were all detained in line with Home Office Enforcement Instruction and Guidance. However, in December 2019 the Supreme Court ruled that the Home Office policy was unlawful - it did not meet the criteria for detention permitted under the Dublin III regulation.

The court also ruled that the detainees who had brought the claim were entitled to substantial damages.

Now the asylum seekers represented by Leigh Day are bringing their own claim for damages against the Home Office.

Stories of detention

One of our clients is a national of Sudan. Our client was arrested and severely tortured in Sudan by security forces on suspicion of being loyal to an Opposition political party. He escaped to Libya where he was once again detained and tortured before managing to flee to Italy. Sadly, in Italy too he was detained and mistreated by detention centre guards. He eventually arrived in the UK but was again immediately detained by the Home Office, purportedly under the Dublin III Regulations with a view to returning him to Italy. Our client remained detained for a period of almost three months, despite a detention doctor's report expressing concerns that he was a victim of torture. Following our client's release, the Home Office eventually agreed to consider his asylum claim and he was granted refugee status.

Another of our clients is an Iranian...